Consulation and designation process (including land requisition)
1. Consultation on concept (6 weeks)
2. Based on submissions, NZTA Board of Directors makes recommendation to Minister on
which option to go with (Option 1 or 2).
3. The Minister considers the decision, and has said that he will make a decision on which
route by the end of the year.
4. At this point, NZTA’s engineering and planning phase will begin (18 months)
5. Once completed, the NZTA (requiring authority) will send a request to the Territorial
Authority (KCDC) for a new (roading) designation to be put into the District Plan (under the
RMA). This request must:
- outline what the designation is for
- address the environmental effects
As long as the NZTA Board of Directors approve, discussions about land acquisition can
commence at this point (it does not have to wait for the designation to be approved)
6. KCDC notifies the public
7. There is a council-run hearing, or if called in (very likely in this case as it has been
identified as a “road of national significance”), a Board of Inquiry (headed by an
Environment/High Court or ex-Environment/High Court judge).
8. There is a public submissions process (submissions must relate to environmental
effects, based on the RMA).
9. KCDC or the BOI will make a recommendation that the request is to be granted or
withdrawn (if the environmental effects are found to be unacceptable). Note that
“environmental effects” include effects on people, safety etc. Also taken into account will
be whether alternatives (e.g. WLR) have been considered by the NZTA.
The process from notification (6) to a recommendation (9) can take anywhere from 3
months to a year (or even more)
10. The NZTA can reject the recommendation. If it does so, there will be an appeal to the
Environment Court or High Court (if called in). KCDC can also appeal at this point.
Note that at the High Court, appeals can only be made on points of law (e.g., technicalities,
process issues)